C-23.1, r. 1 - Regulation respecting contracts of the Ethics Commissioner

Section 9 Disposition versions

2012-09-01

9. The Ethics Commissioner must, within the tendering process, make sure that the enterprises with which the Ethics Commissioner enters into a contract act with honesty and integrity. To that end, the Ethics Commissioner may, by means of the tendering documents or otherwise,

(1)  put measures in place allowing the Ethics Commissioner to make sure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee concerning the tendering process, particularly in order to influence the committee member;

(2)  put measures in place to ensure compliance with all the applicable Acts, including the Competition Act (R.S.C. 1985, c. C-34) to counter bid-rigging, and provide that if an enterprise contravenes any of the applicable Acts, the contract may not be entered into or may be resiliated;

(3)  reserve the right to claim from any tenderer who fails to follow through on the tender submitted the difference between the amount of that tender and the amount of the tender subsequently accepted, in order to avoid prior agreements between tenderers;

(4)  specify that there is a possibility that none of the tenders received will be accepted, particularly if the Ethics Commissioner considers that the bids are too high or disproportionate or do not reflect a fair price; and

(5)  take all measures necessary to prevent any situation likely to compromise the impartiality or objectivity of the tendering process or the management of the resulting contract, in particular to prevent conflict of interest situations and intimidation, influence peddling and corruption.

Decision 1552-2, s. 9.